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The Queen v. H.(B.) 2016

A police officer attended a rural property to inform the client that he no longer had to attend court to answer to a charge. While on the property, the officer noticed that a truck did not have the correct licence plate. After querying the vehicle in his computer system he determined that the truck was stolen. The client was arrested and he made some comments to the officer suggesting that the truck was controlled by him. As a result he was charged with possession of stolen property over $5000.00. At trial, Mr. van der Walle successfully argued that the Crown had failed to prove that the statements made by the client about the truck being his were free and voluntary. As such, the judge excluded the statements from evidence. The Crown prosecutor, very much to his credit, decided that he no longer had enough evidence to continue with the prosecution and directed a stay of proceedings. Client did not testify.